This chapter is enacted for the purpose of regulating
the distribution of certain materials, peddling, soliciting and related
activities within the Village of Tarrytown. The registration of persons
engaged in the above-mentioned activities is required so that the
identity of persons going door to door or distributing materials within
the village may be established; the rights of legitimate businesses
may be protected; general regulations may be more effectively enforced;
the health, safety and welfare of the inhabitants of the village may
be protected and maintained; and dishonest business practices and
dishonest solicitation of funds in the village may be prevented.

Except as hereinafter expressly provided, any person, either
principal or agent, who, in any public street or public place or in
an open area on private property adjacent to a public way or by going
from house to house or place of business on foot or on or from any
animal or vehicle standing in a street, sells or barters, offers for
sale or barter or carries or exposes for sale or barter any goods,
wares or merchandise, except as hereinafter exempted.

Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court; to any person selling personal property at wholesale to dealers in such articles; to merchants having an established place of business within the Village where there are employees for soliciting orders from customers and delivering the same; to farmers and persons who produce such commodities; or to persons soliciting or collecting for any bona fide charitable organization having a permanent office within a radius of 50 miles of the Village of Tarrytown. All persons named above shall be subject to restrictions hereinafter delineated in §§ 225-7, 225-8, 225-9, 225-10 and 225-16. Any honorably discharged member of the United States Armed Forces who has procured a license as provided by the General Business Law of the State of New York shall not have to comply with the provisions of §§ 225-4, 225-5 or 225-6 and any fees associated with obtaining a certificate, provided that a copy of a valid license so issued is provided to the Village Clerk.

Every person desiring to engage in soliciting,
hawking and peddling, as herein defined, from persons in residences
on any public property or in any public place, within this municipality,
is hereby required to make written application for a certificate of
registration as hereinafter provided. Such certificate shall be carried
by the solicitor, hawker or peddler.

Application for a certificate of registration shall
be made upon a form provided by the municipality. The applicant shall
truthfully, under penalty of perjury, state in full the information
requested on the application as follows:

The Village Clerk shall cause to be kept in her/his
office an accurate record of every application received and acted
upon, together with all other information and data pertaining thereto,
and all certificates of registration issued under the provisions of
this chapter and of the denial of applications. Applications for certificates
shall be numbered in consecutive order as filed, and every certificate
issued and any renewal thereof shall be identified with the duplicate
number of the application upon which it was issued.

No certificate of registration shall be issued to
any person who has been convicted of the commission of a crime under
the laws of the state or any other state or federal law of the United
States; to any person who has been denied other permits for good cause;
to any person who has been convicted of a violation of any provisions
of this chapter, or to any person whose certificate of registration
issued hereunder has previously been revoked as herein provided or
who has a history of complaints from our or other communities.

On or before
the date that the person(s) with the certificate of registration commences
door-to-door peddling and/or soliciting in the Village, that person(s)
shall first appear at the Village of Tarrytown Police Department and
provide a valid photo identification issued by a governmental agency.
The Police Department shall perform identification verification through
the New York State Police Information Network. Should the identification
verification provide information to the Police Department that past
actions of the person(s) seeking to peddle and/or solicit door to
door in the Village pose a concern to the Police Department, that
person(s) shall not be permitted to peddle and/or solicit door to
door in the Village. There shall be no appeal of the decision of the
Police Department. Should the person(s) seeking to peddle and/or solicit
door to door in the Village not have a valid photo identification
issued by a governmental agency, that person(s) shall not be permitted
to peddle or solicit door to door. Should the person(s) seeking to
peddle and/or solicit door to door be approved for such peddling and/or
soliciting by the Police Department, the photo identification shall
be copied onto a license form to be supplied by the Police Department.
This form shall be carried by the peddler or solicitor and used as
identification and evidence that the person(s) may peddle and/or solicit
in the Village should the peddler and solicitor be questioned by a
resident. The peddler and solicitor shall inform the Police Department
of the day(s) that the peddler and solicitor intend to peddle and
solicit in the Village.

Any certificate of registration issued hereunder shall be revoked by the Village Clerk if the holder of the certificate is convicted of a violation of any of the provisions of this chapter or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this chapter. Any certificate of registration issued hereunder shall be revoked by the Village Clerk if the Village receives three verified complaints regarding improper actions of the holder of the certificate. In the case of a door-to-door solicitor or peddler, a verified complaint shall include a complaint from a resident that the solicitor or peddler contacted a household with a sign excluding peddlers and solicitors, as included in § 225-11 hereinbelow. Immediately upon such revocation, written notice thereof shall be given by the Village Clerk to the holder of the certificate in person or by certified United States Mail addressed to his or her residence set forth in the application.

Every person desiring to secure the protection
provided by the regulations pertaining to soliciting, hawking and
peddling contained in this chapter shall comply with the following
directions. Notice of the determination by the occupants of giving
invitation to solicitors, hawkers or peddlers or the refusal of invitation
to solicitors, hawkers or peddlers to any residence shall be given
in the following manner:

A weatherproof card, approximately three inches by
four inches in size, shall be exhibited upon or near the main entrance
door to the residence, indicating the determination by the occupant
and containing the applicable words as follows: "Only Solicitors Registered
in Tarrytown Invited" or "No Solicitors Invited."

It shall be the duty of every solicitor, hawker and
peddler, upon going onto any premises in the municipality upon which
a residence, as herein defined, is located first to examine the notice
provided in this chapter, if any is attached, and to be governed by
the statement contained on any notice. If the notice states "Only
Solicitors Registered in Tarrytown Invited," then the solicitor, hawker
or peddler not possessing a valid certificate of registration, as
herein provided, shall immediately and peacefully depart from the
premises; and if the notice states "No Solicitors Invited," then the
solicitor, hawker or peddler, whether registered or not, shall immediately
and peacefully depart from the premises.

It is hereby declared to be unlawful for any person to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engaging in soliciting, hawking or peddling, as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of § 225-8 of this chapter.

It is hereby declared to be unlawful for any
person, whether registered under this chapter or not, to go upon any
premises and ring the doorbell upon or near any door or create any
sound in any other manner calculated to attract the attention of the
occupant of such residence for the purpose of securing an audience
with the occupant thereof and engaging in soliciting, hawking or peddling,
as herein defined, prior to 9:00 am. or after 7:00 p.m. when daylight
saving time (spring/summer) is in effect and after 6:00 p.m. when
eastern standard time is in effect (fall/winter).

Exclusion sign requirements. Any resident of the village
who wishes to exclude peddlers or solicitors, including charitable
solicitors, from premises occupied by him or her may place upon or
near the usual entrance to such premises a printed placard or sign
bearing, substantially, the following notice: "Peddlers and Solicitors
Prohibited." Such placard shall be at least 3 3/4 inches long
and 3 3/4 inches wide.

Peddlers and solicitors excluded. No peddler or solicitor
or charitable solicitor shall enter in or upon any premises or attempt
to enter in or upon any premises where such placard or sign is placed
and maintained without the consent of an occupant of said premises
being previously given.

The Village
Clerk shall maintain a listing of premises where a sign to exclude
peddlers and solicitors has been placed. The list shall be provided
to all persons obtaining a certificate of registration.

A registration shall not be assignable. Any holder
of such registration who permits it to be used by any other person
and any person who uses such registration granted to any other person
shall be guilty of a violation of this chapter. Such registration
shall automatically expire on January 1 following the date of issuance
thereof, but such registration may provide for an earlier expiration
date. No applicant to whom a registration has been refused or who
has had a registration which has been revoked shall make further application
until a period of at least six months shall have elapsed since the
last previous rejection or revocation unless he can show that the
reason for such rejection or revocation no longer exists. Every registered
person, while exercising his registration, shall carry the registration
with him and shall exhibit the same upon demand in any police officer
or citizen.

The fee for an application for certification
for hawkers or peddlers pursuant to this chapter shall be as adopted
by resolution of the Board of Trustees.[1] This application fee shall be nonrefundable and shall
not be credited to any registration fee. The fee for each registration
issued pursuant to this chapter shall be as adopted by resolution
of the Board of Trustees.

Any registered person using a motor vehicle
may employ not more than two persons to assist in selling and delivering
the wares, but such person shall so act only while accompanying a
registered peddler, hawker or solicitor.

Every vehicle used by a registered hawker or
peddler in or about his business shall have the name of the registered
person and his address plainly, distinctly and legibly painted in
letters and figures at least two inches in height in a conspicuous
place on the outside of each side of every such vehicle, and such
name and address shall be kept so painted plainly and distinctly at
all times while such vehicle is in use during the continuance of the
registration.

A notice of hearing for revocation of a registration
shall be given, in writing, setting forth specifically the grounds
of the complaint and the time and place of the hearing. Such notice
shall be mailed to the registered person at his last known address
at least five days prior to the date set for the hearing. The revocation
of registration shall only extend to the end of the fiscal year in
which the registration was issued.

Any person aggrieved by the action of the Village
Clerk in the denial or revocation of a certificate shall have the
right of appeal to the Police Committee. Such appeal shall be taken
by filing with the Committee, within 10 days after the notice of revocation
or denial is mailed or served, whichever is shorter, a written statement
setting forth fully the grounds for appeal. The Police Committee shall
set a time and place for a hearing of such appeal, and notice of such
hearing shall be forwarded to said person at his last known residence,
as indicated in his application, by mailing such notice by first-class
mail at least five days prior to the hearing. The decision of the
Police Committee shall be final and conclusive.

Not stand or permit the vehicle used by him to stand on a private
lot or on a public or private street, or on a sidewalk in front of
any premises for any period of time if the owner or lessee of the
premises objects.

Not stand
or permit the vehicle used by him to stand in any one place in any
public place, street or on a private lot adjacent to a public street
for more than two hours. For the purposes of this chapter, the vehicle
must be moved out of the area (at least 1/4 mile) where the vehicle
has been located for peddling and/or soliciting.

Not create or maintain any booth or stand or place
any barrels, boxes, crates or other obstructions upon any street or
in an open lot adjacent to a street or public way for the purpose
of selling or exposing for sale any goods, wares or merchandise.

All orders taken by registered solicitors who
demand, accept or receive payment or deposit of money in advance of
final delivery shall be in writing, in duplicate, stating the terms
thereof and the amount paid in advance, and one copy shall be given
to the purchaser at the time the deposit of money is paid to the solicitor.

It shall be the duty of the Village Clerk to
keep a record of all applications and of all registrations granted
under the provisions of this chapter, giving the number and date of
each registration, the name and residence of the person registered,
the amount of the registration fee paid and also the date of revocation
of all registrations revoked.